Jersey Unreported Judgments

Inferior Number Sentencing - assault - resisting arrest - motoring - affray - malicious damage -offensive weapon - threatening conduct

[2023]JRC204

Royal Court

(Samedi)

31 October 2023

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Austin-Vautier and Berry

The Attorney General

-v-

Tristan Leigh Grihault

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:

1 count of:	Assault (Count 1).
1 count of:	Resisting arrest (Count 2).
1 count of:	Failing to notify a change of address, contrary to Article 11(2) of the Motor Vehicle Registration (Jersey) Law 1993 (Count 3).
1 count of:	Failing to notify a change of ownership, contrary to Article 11(2) of the Motor Vehicle Registration (Jersey) Law 1993 (Count 4).
1 count of:	Driving a motor vehicle without insurance, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 (Count 5).
1 count of:	Careless driving, contrary to Article 25 of the Road Traffic (Jersey) Law 1956. (Count 6).
1 count of:	Driving without a valid licence, contrary to Article 4(1) of the Road Traffic (Jersey) Law 1956 (Count 7).
1 count of:	Driving a motor vehicle without insurance, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 (Count 8).
1 count of:	Affray (Count 9).
2 counts of:	Possession of an offensive weapon contrary to Article 42(1) of the Firearms (Jersey) Law 2000 (Count 10 and Count 11).
1 count of:	Malicious damage (Count 12).

Age:  21.

Plea: Guilty. 

Details of Offence:

April offences

On 5 April 2023 the Defendant parked his car and he and his girlfriend got out and both left the area.  When they had both returned a verbal argument ensued between them. The Defendant pushed his girlfriend twice, with his hand on her chest, to move her away from the car. The Defendant tried to shut the driver's door, but his girlfriend was standing in the way. The Defendant pushed his girlfriend again before getting out of the car and pushing her a number of times away from him before he grabbed her jumper and pushed her against the car.  He then tried to shut the car door on her body but his girlfriend had her hand on the door so it did not shut.  He then turned and kicked the driver's door of the car into his girlfriend's body before walking away from the area.

Police officers arrived and called out to the Defendant who ran away.  He then slipped and fell to the ground.  The officer took the Defendant's arms to place him under arrest.  The Defendant resisted arrest, aggressively pulling his arms away so the officer could not arrest him.

 

Motoring offences

On 13 June 2023 the Defendant drove his motorbike carelessly downhill, misjudging the corner, causing him to drive into the side of the bank on the roadside.  He sustained injuries which required him to attend hospital (Count 6).  The Defendant had purchased the motorbike the day before.  He did not have a motorbike licence (Count 7) or insurance (Count 5).  In the week that followed, he did not notify DVS within 7 days that he was the new owner (Count 3) and that the registered address of the motorbike had changed (Count 4).  On 19 June 2023 the Defendant was stopped driving his car without insurance (Count 8).

 

August offences

On 23 August 2023 the Defendant and his girlfriend were involved in a verbal altercation with two 17-year-old male youths who live near the Defendant.  The Defendant threatened to hurt one of the youths saying that he was "going to grab a knife [and] chef you." The Defendant also threatened all the parties present, which included one of the youths' mother, saying "I'm going to shank you all." The Defendant left the area and returned to his home address.  The Defendant left his home not long after shouting "I'm going to kill you, I'm going to come to your front door." One of the youths' mother heard the Defendant shouting "where are you, I'm going to shank you." At this point the Defendant was 10 steps from the mother holding a hammer in one hand with it raised to shoulder height.  He had a knife in his other hand.  The Defendant came to the front door of one of the youths holding the kitchen knife in one hand and the hammer in the other, held at head height (Count 10 and 11).  He was saying "come on then, I'll do it, I'll do it" to the youth.  The Defendant then suddenly smashed the living room window of the youth's home with the hammer (Count 12). The Defendant then walked off in the direction of his own home.  The incident, which lasted about 20 minutes, left one of the youths scared and angry, and the mother feeling scared that the Defendant would harm her son (Count 9).

Details of Mitigation:

Guilty pleas for Counts 3 to 12 and youth.

Previous Convictions:

Two previous convictions for speeding, for which he received fines.

Conclusions:

Count 1:	3 months' imprisonment.
Count 2:	1 month imprisonment, concurrent to Count 1.
Count 3:	£250 fine.
Count 4:	No separate penalty.
Count 5:	3 months' imprisonment, consecutive to Count 1.
Count 6:	£250 fine.
Count 7:	£250 fine
Count 8:	3 months' imprisonment, concurrent to Count 5
Count 9:	9 months' imprisonment, consecutive to Count 1 and Count 5.
Count 10:	9 months' imprisonment, concurrent to Count 9.
Count 11:	9 months' imprisonment, concurrent to Count 9
Count 12:	3 months' imprisonment, concurrent to Count 9

Total:  15 months' imprisonment and a fine of £750.  

12 months' disqualification from driving.

Forfeiture and destruction of the knife and hammer.

No application for costs.

Sentence and Observations of Court:

Count 1:	10 hours' Community Service Order equivalent to 1 month imprisonment and 18 months' Probation Order.
Count 2:	10 hours' Community Service Order equivalent to 1 month imprisonment and 18 months' Probation Order, concurrent to Count 1 and 18 months' Probation Order.
Count 3:	No separate penalty.
Count 4:	No separate penalty.
Count 5:	30 hours' Community Service Order equivalent to 3 months' imprisonment and 18 months' Probation Order, consecutive to Count 1 and 12 months' disqualification from driving.
Count 6:	No separate penalty.
Count 7:	No separate penalty.
Count 8:	30 hours' Community Service Order equivalent to 3 months' imprisonment and 18 months' Probation Order, concurrent to Count 5 and 12 months' disqualification from driving.
Count 9:	150 hours' Community Service Order equivalent to 9 months' imprisonment, and 18 months' Probation Order, consecutive to Count 1 and Count 5.
Count 10:	150 hours' Community Service Order equivalent to 9 months' imprisonment and 18 months' Probation Order, concurrent to Count 9.
Count 11:	150 hours' Community Service Order equivalent to 9 months' imprisonment and 18 months' Probation Order, concurrent to Count 9.
Count 12:	90 hours' Community Service Order equivalent to 3 months' imprisonment and 18 months' Probation Order., concurrent to Count 9.

Total:  190 hours' Community Service Order equivalent to 13 months' imprisonment and 18 months' Probation Order. 

12 months' disqualification from driving.

Forfeiture and destruction of the knife and hammer ordered.

Ms L. B. Hallam, Crown Advocate.

Advocate G. Herold-Howes for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Tristan Grihault, you are 21 years old and fall to be sentenced for a number of offences committed between April and August of this year.  On 5 April, at Halkett Place, after an argument with your girlfriend, you assaulted her; pushing her against your car and then hitting her with a car door which you had kicked so that it hit her.  The offence was captured on CCTV footage and when the police arrived you resisted arrest.  In interview, you admitted the offences and you were released on police bail.

2.        Whilst on police bail, on 13 June, you drove a motorcycle carelessly so that it collided into a roadside bank.  You sustained injury.  You were driving without insurance, without a valid driving licence and had failed to notify the department for vehicle registration that you were the owner of a motorbike or of its registered address. 

3.        Six days later, you were driving a motor vehicle uninsured.  You must understand that driving without insurance is a serious offence and can often result in an immediate prison sentence. 

4.        When you were interviewed in relation to these offences, you lied - saying that you were insured when using the motorcycle and car when in fact you were not. 

5.        The most serious offences were those that you committed on 23 August 2023 when whilst on court bail for the two sets of previous offences you committed offences of affray, malicious damage and possession of a two offensive weapons and it is those serious offences which led to you being sent to this Court for sentence. 

6.        At 10pm on that day, you, in the vicinity of your and their home, argued with two 17 year old boys in the presence of the mother of one of them.  You threatened to stab them and went to your home and you returned with a hammer in one hand and a kitchen knife with a six inch blade that we have seen today in the other.  You were only ten steps from the mother in the vicinity of her front door and whilst threatening to kill these people, whilst holding these two weapons that you had armed yourself with, with the intention of causing injury, you smashed the living room window with a hammer.  This was plainly frightening for one of the 17 year old boys and his mother.

7.        In police interview, you denied the offences or made no comment. 

8.        In relation to your pleas, you ultimately pleaded guilty to all offences and, importantly, pleaded guilty to the most serious offences at the first opportunity.

9.        We have considered with care the Probation Report, your letter, and the letter from your mother.  We know that you regret your actions and accept that you were out of control when you committed the offence of affray - which is always a very serious offence.  You accept that you acted wholly disproportionately when you did what you did.

10.      You were a victim of a serious assault and suffered a significant head injury when you were 17 years old, which has affected your memory and also - you say - has left you fearful and anxious when faced with confrontation.  But you must understand that that is no excuse for this behaviour. 

11.      You are in effect a young man of good character.  You have had a difficult childhood of which we have read.  You are able to work and have worked, in particular as a carpenter.  You are not involved, so it seems, in drink or drugs.  You are at moderate risk of re-conviction and the trauma of your childhood, coupled with the more recent brain injury, have affected your emotional and physical wellbeing.

12.      You have now been in custody for the equivalent of a 3 month sentence and we understand that has allowed you to reflect on your offending and brought home to you the seriousness of your actions.

13.      The Probation service recommend a Probation Order coupled with an obligation to complete the Jersey Domestic Abuse programme.  They also assess you as being suitable for community service.  Notwithstanding the conviction at Count 1 of assault, we understand that your girlfriend wishes to continue her relationship with you.  She is an adult and we do not impose a restraining order and as there is, it is accepted, no history of general violence in your relationship we do not think it necessary to exercise our powers under the Domestic Abuse (Jersey) Law 2022

14.      Although you do not benefit from the protection of the Criminal Justice (Young Offenders) (Jersey) Law 1994, you are still a young man.  These are serious offences, and a whole series of offences, first the assault, then the motoring offences, then the offences of violence, the majority of which were committed on Court bail, which is a serious aggravating feature.  You should understand that the offence of affray and the offences involving possession of an offensive weapon are on any view so serious that the custody threshold has been passed. 

15.      Community Service is a direct alternative to custody and the Jurats have decided by a fine margin that we can impose such a sentence on you today, as a direct alternative to a sentence of 13 month's imprisonment. 

16.      Mr Grihault, you are not going back to prison today and you are fortunate that that is the decision of the Court.

17.      The Order will be 190 hours' Community Service and that's made up as follows:-

(i)        Count 1, 10 hours' Community Service Order equivalent to 1 month imprisonment the number of hours being reduced for totality.

(ii)       Count 2, 10 hours' Community Service Order equivalent to 1 month imprisonment, again the hours reduced for totality.

(iii)      Count 3, no separate penalty.

(iv)      Count 4, no separate penalty.

(v)       Count 5, 30 hours' Community Service Order, consecutive, equivalent to 3 months' imprisonment, the hours being reduced for totality, and 12 months' disqualification from driving.

(vi)      Count 6, no separate penalty.

(vii)     Count 7, no separate penalty.

(viii)    Count 8, 30 hours' Community Service Order equivalent to 3 months' imprisonment, the hours being reduced for totality, and 12 months' disqualification concurrent.

(ix)      Count 9, 150 hours' Community Service Order, consecutive equivalent to 9 months' imprisonment.

(x)       Count 10, 150 hours' Community Service Order concurrent, equivalent to 9 months' imprisonment.

(xi)      Count 11:   150 hours' Community Service Order concurrent, equivalent to 9 months' imprisonment.

(xii)     Count 12, 90 hours' Community Service Order concurrent, equivalent to 3 months' imprisonment.

Making a total of 190 hours' Community Service Order, equivalent to 13 months' imprisonment; 12 months' disqualification from driving and, in relation to all the offences where we have imposed Community Service, you are ordered to perform 18 months' Probation Order concurrent.  You should take advantage of all the things that are recommended in the Probation Service, in particular the course designed to ensure that there is no repetition of what may be characterised as domestic abuse in your case.

18.      We also order the forfeiture and destruction of the knife and the hammer.

19.      Mr Grihault you must understand that you are being given a chance today by the Royal Court.  If you fail to comply with the orders we have imposed upon you, fail to do the hours or fail to comply with the Probation Order or offend in any other way then you will be brought back to the Royal Court and you will be almost certainly be sent to prison.  But we have been impressed by your work ethic, by your response to your time in custody and we earnestly hope that we will not see you in the Royal Court again.  Do you understand?

Authorities

Domestic Abuse (Jersey) Law 2022. 

Criminal Justice (Young Offenders) (Jersey) Law 1994. 

AG v Burrell and Ors [2003] JLR Note 53

AG v Burrell and Ors [2003] JRC 209

Coelho v AG [2020] JRC 216

AG v Carboulec [2015] JRC 196A

AG v Furlong and Furlong [2019] JRC 089

AG v O'Shea [2010] JRC 040

Firearms (Jersey) Law 2000

Motor Traffic (Third Party Insurance) (Jersey) Law 1948

Road Traffic (Jersey) Law 1956

Motor Vehicle Registration (Jersey) Law 1993